Bombay High Court
Maharashtra Enviro Power Ltd, Nagpur vs U.N. Multi Tech Engineers And ... on 7 April, 2026
1 6.cao.184.2026.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH : NAGPUR
CIVIL APPLICATION (CAO) NO.184 OF 2026 IN
MISC. CIVIL APPLICATION NO.1005 OF 2024 (D)
Maharashtra Enviro Power Ltd. through its authorized Signatory, Shri Atul Joshi .Vs.
U.N. Multi-Tech Engineers & Contractors and another
Office Notes, Office Memoranda of Court's or Judge's Order
Coram, appearances, Court's Orders
or directions and Registrar's order
Ms Dharini R. Muley, Advocate for applicant.
Mr. J.S. Kantode, Adv. h/f S.K. Sawai, Adv. for non-applicants.
CORAM : ROHIT W. JOSHI, J.
DATE : 07/04/2026
1. Vide order dated 06.01.2023 passed in Misc. Civil Application (ARBN.) No.471 of 2022, Mr. S.D. Mohod, Retired District Judge was appointed as sole Arbitrator. The learned Arbitrator was substituted by appointing another arbitrator vide order dated 02.12.2025 passed in Misc. Civil Application (ARBN) No.1005 of 2024.
2. The present application is filed seeking directions to the learned erstwhile Arbitrator to hand over the record and proceedings of the arbitration case to the learned substituted arbitrator. The learned Advocate for the non-applicants has drawn attention to letter dated 23.01.2026 issued by the erstwhile Arbitrator, to the substituted arbitrator, stating that since the arbitration fees are outstanding, it will not be possible to remit the record and proceedings of the arbitration case. Although there is a provision under the Arbitration and Conciliation Act, 1996 2 6.cao.184.2026.odt for the arbitrator holding lien over the arbitral award for the unpaid costs of arbitration, prima facie it appears that there is no provision under the Act enabling the arbitrator to hold custody of record and proceedings of the arbitration case for non-payment of fees, particularly when the mandate of arbitrator is terminated by efflux of time in view of Section 29-A (1) of the A&C Act, 1996.
3. Issue notice to Shri S.D. Mohod, erstwhile arbitrator, returnable on 22.04.2026.
4. The applicant is directed to serve notice by speed post and other permissible mode of private service and file affidavit of service before the returnable date.
(ROHIT W. JOSHI, J.) C.L. Dhakate